Your name

Your address
[City, ST ZIP Code]

[COURT NAME]

[PLAINTIFF'S NAME], Case No.: [Number]

Plaintiff,
NOTICE OF MOTION FOR
vs.
DISCOVERY EVIDENCE BY
INTERROGATORRIES UNDER
[DEFENDANT'S NAME],
FEDERAL RULE 33(B)(1)(B) THE
Defendant PLAINTIFF IS A
GOVERNMENTAL AGENCY
RECEIVING FEDERAL FUNDS
UNDER AFDC 42 USC §§ 651-669B
AND THEREBY CANNOT OBJECT
TO INTERROGATORIES AND
FAILURE TO RESPOND IS
GROUNDS FOR IMMEDIATE
DISMISSAL OF PETITION

NOTICE OF MOTION FOR DISCOVERY EVIDENCE BY

INTERROGATORRIES UNDER FEDERAL RULE 33(B)(1)(B) THE

PLAINTIFF IS A GOVERNMENTAL AGENCY RECEIVING FEDERAL

FUNDS UNDER AFDC 42 USC §§ 651-669B AND THEREBY CANNOT

 OBJECT TO INTERROGATORIES AND FAILURE TO RESPOND IS

GROUNDS FOR IMMEDIATE DISMISSAL OF PETITION

Comes now, the claimed Defendant/Father [type in your name, not

in capital letters and remove brackets] is a living man with blood flowing

through his body and he is one of the people of the several states1 and thereby

unconditionally sovereign.

The Supreme Court of the United States in matter Ohio Life Ins.

& Trust Co. v. Debolt, 57 US 416 (1854) held the people of the several states

are unconditionally sovereign within their respective states and thereby their

consent is required to participate in any proceeding where there is no evidence

of an injured party.

FACTS

1. Hereby, it is a fact that the undersigned is a living man with blood

flowing through his body and he is one of the people of the several

states, and this fact is evidence that the undersigned is unconditionally

sovereign while living within this state, which is one of the 50 states

with territorial boundaries within the united States of America which is

not to be confused with one of the State

1
"It will be admitted on all hands that with the exception of the powers granted to the states and the federal
government, through the Constitutions, the people of the several states are unconditionally sovereign within their
respective states." Ohio Life Ins. & Trust Co. v. Debolt, 57 US 416 - Supreme Court 1854.
 2. It is a fact the state administrative court or tribunal2 is not within the

boundaries of the State, which is defined under 42 USC Section 1301(a)

(1) and therefore the state administrative court or tribunal lacks federal

jurisdiction to enforce Title IV—D of the Social Security Act, 42 U. S.

C. §§ 651-669b.3

3. It is a fact the undersigned [type in your name in upper and lowercase

letters then remove brackets] is a living man with blood flowing through

his body and this fact rebuts the presumption the undersigned is a

person,4 private person,5 who does not have sovereign or other special

immunity or privilege.

4. It is a fact the Plaintiff/Applicant filed a petition/application for IV-D

services and has failed to meet the burden of proof of minimum of

standing by introducing on the record6 any evidence showing an injury in

fact7 and thereby the defendant is NOW on record moving into the court

2
Tribunal
Tribunal means a court, administrative agency, or quasi-judicial entity authorized under State law to establish,
enforce, or modify support orders or to determine parentage. Source 45 CFR § 301.1
3
The Supreme Court in Matter Blessing v. Freestone, 520 US 329 - Supreme Court 1997 stated “To qualify for
federal AFDC funds, the State must certify that it will operate a child support enforcement program that conforms
with the numerous requirements set forth in Title IV—D of the Social Security Act, 42 U. S. C. §§ 651-669b”
4
42 USC § 1301(a)(3)The term “person” means an individual, a trust or estate, a partnership, or a corporation.
5
42 USC SECTION 659 private person (4)The term “private person” means a person who does not have
sovereign or other special immunity or privilege which causes the person not to be subject to legal process.
6
Record
Record means information that is inscribed on a tangible medium or that is stored in an electronic or other medium
and is retrievable in perceivable form. 45 CFR § 301.1
7
“To satisfy Article III standing, a plaintiff must therefore allege:(1) injury-in-fact that is concrete and
particularized, as well as actual or imminent;(2) that the injury is fairly traceable to the challenged action of the
defendant; and (3) that the injury is redressable by a favorable ruling.” Lujan v. Defenders of Wildlife, 504 US 555
- Supreme Court 1992
 a motion for discovery by utilizing interrogatories under the authority of

Federal Rule 33(b)(1)(B) or a state statute equivalent to prevent the court

administrator from claiming federal laws are not enforced in state courts,

which the Supreme Court held federal laws are enforceable in state

courts.8

DISCOVERY OF EVIDENCE

1. The claimed Defendant/Father is requiring discovery of evidence to

prove on the record the Plaintiff/Applicant failed to prove standing by

introducing evidence showing the defendant/father caused the

Plaintiff/Applicant an injury in fact and thereby lacks standing requiring

an immediate dismissal and discharge of this IV-D case.

2. It is the understanding by the claimed defendant/father that this State

agency is receiving federal funds under AFDC Title IV—D of the Social

Security Act, 42 U. S. C. §§ 651-669b9 and thereby is required to respond

8
“Federal law is enforceable in state courts not because Congress has determined that federal courts would
otherwise be burdened or that state courts might provide a more convenient forum — although both might well be
true — but because the Constitution and laws passed pursuant to it are as much laws in the States as laws passed by
the state legislature. The Supremacy Clause makes those laws "the supreme Law of the Land,"” Howlett v. Rose,
496 US 356 - Supreme Court 1990
9
The Supreme Court in Matter Blessing v. Freestone, 520 US 329 - Supreme Court 1997 stated “To qualify for
federal AFDC funds, the State must certify that it will operate a child support enforcement program that conforms
with the numerous requirements set forth in Title IV—D of the Social Security Act, 42 U. S. C. §§ 651-669b”
 to interrogatories under federal rules and regulations rule 33(b)(1)(B)10 is

prohibited from objecting to interrogatories.

UNDER FEDERAL RULE 201(b) TAKE JUDICIAL AND

ADMINISTRATIVE NOTICE OF ADJUDICATED FACT Howlett v.

Rose, 496 US 356 - Supreme Court 1990 AS PROOF FEDERAL RULE 33

IS APPLICABLE IN STATE COURTS

It is an adjudicated fact under Supreme Court law Howlett v. Rose,

496 US 356 - Supreme Court 1990 11 that federal laws are enforceable in state
10
Rule 33. Interrogatories to Parties
(a) In General.
(1) Number. Unless otherwise stipulated or ordered by the court, a party may serve on any other party no more than
25 written interrogatories, including all discrete subparts. Leave to serve additional interrogatories may be granted to
the extent consistent with Rule 26(b)(1) and (2).
(2) Scope. An interrogatory may relate to any matter that may be inquired into under Rule 26(b). An interrogatory is
not objectionable merely because it asks for an opinion or contention that relates to fact or the application of law to
fact, but the court may order that the interrogatory need not be answered until designated discovery is complete, or
until a pretrial conference or some other time.
(b) Answers and Objections.
(1) Responding Party. The interrogatories must be answered:
(A) by the party to whom they are directed; or
(B) if that party is a public or private corporation, a partnership, an association, or a governmental agency, by any
officer or agent, who must furnish the information available to the party.
(2) Time to Respond. The responding party must serve its answers and any objections within 30 days after being
served with the interrogatories. A shorter or longer time may be stipulated to under Rule 29 or be ordered by the
court.
(3) Answering Each Interrogatory. Each interrogatory must, to the extent it is not objected to, be answered
separately and fully in writing under oath.
(4) Objections. The grounds for objecting to an interrogatory must be stated with specificity. Any ground not stated
in a timely objection is waived unless the court, for good cause, excuses the failure.
(5) Signature. The person who makes the answers must sign them, and the attorney who objects must sign any
objections.
11
“Federal law is enforceable in state courts not because Congress has determined that federal courts would
otherwise be burdened or that state courts might provide a more convenient forum — although both might well be
true — but because the Constitution and laws passed pursuant to it are as much laws in the States as laws passed by
the state legislature. The Supremacy Clause makes those laws "the supreme Law of the Land,"” Howlett v. Rose,
496 US 356 - Supreme Court 1990
 courts and thereby the undersigned has legal merit to utilize federal rule 33 for

interrogatories and the court cannot dismiss this motion under the claim federal

laws are not enforceable in state court.

UNDER THE AUTHORITY OF FEDERAL RULE 33(b)(1)

(B) OR A STATE STATUTE EQUIVALENT THE STATE AGENCY

ADMINISTERING THE STATE PLAN UNDER 42 USC SECTION

654(3) MUST RESPOND WITHIN 30 DAYS AND CANNOT

LAWFULLY OBJECT TO INTERROGATORRIES

INTERROGATORIES 1-16

1. Interrogatory # 1. Discovery evidence of a record12 proving process of

service of being personally served with a summons, citation, or notice of

appearance as required by State Uniform Interstate Family Support Act

article 2 section 201 (a) In a proceeding to establish, or enforce, or modify a

support order or to determine parentage, a tribunal of this State may

exercise personal jurisdiction over a nonresident individual [or the

12
Record
Record means information that is inscribed on a tangible medium or that is stored in an electronic or other medium
and is retrievable in perceivable form. 45 CFR § 301.1
 individual’s guardian or conservator] if: (1) the individual is personally

served with [citation, summons, notice] within this State;

2. Interrogatory # 2. Discovery evidence of a record13 proving the

undersigned Free citizen of the state submitted to the jurisdiction of the court

as required by State Uniform Interstate Family Support Act article 2 section

201 (a)(2) the individual submits to the jurisdiction of this State by consent

in a record, by entering a general appearance, or by filing a responsive

document having the effect of waiving any contest to personal jurisdiction;

3. Interrogatory # 3. Discovery evidence of a record14 proving the

undersigned free citizen of the state15 is a nonresident who resided with the

child as required State Uniform Interstate Family Support Act article 2

section 201(a)(3) the individual resided with the child in this State;

4. Interrogatory # 4. Discovery evidence of a record proving the

Plaintiff/Applicant introduced evidence on the record showing an injury in

13
Record
Record means information that is inscribed on a tangible medium or that is stored in an electronic or other medium
and is retrievable in perceivable form. 45 CFR § 301.1
14
Record
Record means information that is inscribed on a tangible medium or that is stored in an electronic or other medium
and is retrievable in perceivable form. 45 CFR § 301.1
15
“In the Constitution the term state most frequently expresses the combined idea just noticed, of people, territory,
and government. A state, in the ordinary sense of the Constitution, is a political community of free citizens,
occupying a territory of defined boundaries, and organized under a government sanctioned and limited by a
written constitution, and established by the consent of the governed.” Texas v. White, 74 US 700 - Supreme Court
1869
 fact caused by the claimed defendant and thereby giving the tribunal cause

to issue an Order for Support.

5. Interrogatory # 5. Discovery evidence of a record proving the undersigned

expressed or implied consent to accept services from a state child support

agency that is providing services relating to the establishment of paternity or

the establishment, modification, or enforcement of child support obligations,

as appropriate under 42 USC section 654(A)(4). Please respond within 30

days of receipt of this interrogatory with discovery evidence.

6. Interrogatory # 6. Discovery evidence of a record showing the defendant

expressed or implied a contractual relationship for title IV-D Services as

required to establish a duty for support obligation.16

7. Interrogatory # 7. Provide evidence proving this state child support agency

is a single and separate organizational unit17 responsible for the

administering or supervising of the State child health plan aka plan18 as

defined under 42 USC § 1397jj(c)(7).

16
Obligation 42 USC § 1320a-7a(s)
For purposes of subsection (o), the term “obligation” means an established duty, whether or not fixed, arising from
an express or implied contractual, grantor-grantee, or licensor-licensee relationship, for a fee-based or similar
relationship, from statute or regulation, or from the retention of any overpayment.
https://www.law.cornell.edu/uscode/text/42/666
17
42 USC § 12626(10) The term “unit” means a unit of the Corps referred to in section 12615(c) of this title..
18
State child health plan 42 U.S. Code § 1397jj. Definitions (7) State child health plan; plan
Unless the context otherwise requires, the terms “State child health plan” and “plan” mean a State child health plan
approved under section 1397ff of this title.
 8. Interrogatory # 8. Provide evidence of a record proving the custodial parent

is receiving or eligible for child health assistance19 as required by 42 USC

Section 608(a)(3) No assistance for families not assigning certain support

rights to the State to assign State support rights. It is a fact that without

evidence of the custodial parent receiving child health assistance then the

custodial parent cannot assign support rights and thereby discover evidence

is paramount to allow the custodial parent to assign support rights.

9. Interrogatory # 9. Provide evidence of a record the custodial parent20 is

receiving payments for child health assistance under a State plan21 and

without this evidence the custodial parent is not lawfully authorized to

assign to the State support rights under 42 USC Section 608(3) and thereby

this child support entity is not an authorized IVD agency and cannot collect

support on behalf of the custodial parent.

10. Interrogatory # 10. Provide evidence of a record proving the signature of

the undersigned on a true copy of a Promissory Note for the repayment of a

19
child health assistance
(a)For purposes of this subchapter, the term “child health assistance” means payment for part or all of the cost of
health benefits coverage for targeted low-income children that includes any of the following (and includes, in the
case described in, payment for part or all of the cost of providing any of the following), as specified under the State
plan: 42 USC § 1397jj(c)(7)
20
42 USC § 7384s(e)(3)(C) a “parent” includes fathers and mothers through adoption;

21
State child health plan 42 U.S. Code § 1397jj. Definitions (7) State child health plan; plan
Unless the context otherwise requires, the terms “State child health plan” and “plan” mean a State child health plan
approved under section 1397ff of this title.
 loan. It is a fact that without proof of a promissory note the child support

entity cannot hold the undersigned in default22 or threaten the undersigned

with default in notice to appear to cause the undersigned to imply consent.

11. Interrogatory # 11. Is this a title IV-D matter?

12. Interrogatory # 12. Is this a title IV-A matter?

13. Interrogatory # 13. Is this a non-title IV D matter?

14. Interrogatory # 14. Discovery evidence under the authority of the

Administrative Procedures Act and Administrative Offset 31 USC Section

3716(a)(2) an opportunity to inspect and copy records of the agency related

to the claim of a debt.

15. Interrogatory # 15. Discovery evidence proving the undersigned willfully

did not support his offspring.

16. Interrogatory # 16. Discovery evidence proving the undersigned willfully

waived his constitutional rights as a father to due process of law supported

by the Supreme Court in matter Quilloin v. Walcott, 434 US 246 - Supreme

Court 1978.23

22
42 USC SECTION 666(5)(H) “default ” (A)the term “default” means the failure of a borrower of a loan made
under this part to— (i)make an installment payment when due; or (ii)comply with any other term of the promissory
note for such loan,
23
“This Court and the United States Supreme Court have recognized an unwed father's potential liberty interest in
his biological child.” Matter of Baby Boy K., 546 NW 2d 86 - SD: Supreme Court 1996 citing Quilloin v. Walcott,
434 US 246 - Supreme Court 1978
 FAILURE TO RESPOND WITHIN 30 DAYS OF RECEIPT

OF INTERROGATORIES24 WILL BE PRESENTED IN A COURT OF

PROPER JURISDICTION DEMANDING A DISMISSAL OF INCOME

WITHHOLDING OR LEGAL PROCESS

____________________________________
YOUR NAME ALL RIGHTS RESERVED

Dated this [day] of [Month], [year].

24
Federal Rule 33(b) (b) Answers and Objections.
(1) Responding Party. The interrogatories must be answered:
(A) by the party to whom they are directed; or
(B) if that party is a public or private corporation, a partnership, an association, or a governmental agency, by any
officer or agent, who must furnish the information available to the party.(2) Time to Respond. The responding party
must serve its answers and any objections within 30 days after being served with the interrogatories.